County Commissioners Court on Monday provided its input on a proposed plan to improve the indigent defense appointment system in El Paso.

Commissioners Court sent a memorandum to the Council of Judges with several recommendations as part of the process to replace the current El Paso District Court and County Court Plan — the document that establishes the rules of administration for courts and outlines procedures for the appointment of lawyers for defendants who can't afford an attorney.

The proposal was first presented by the Council of Judges on July 10. The final draft is expected to be approved by the Council of Judges at the end of the month.

The proposed plan includes a controversial $15 pay increase for private indigent defense attorneys that the Council of Judges delayed in May until the new plan becomes effective.

The Council of Judges plans to increase attorney's fees from $75 to $90 an hour for in court services, and from $60 to $75 an hour for time outside of court.

In a three page memorandum, Commissioners Court asked the Council of Judges to justify the pay increase.

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"If you have not already done so, we recommend that the rates be evidence-based and relate to what is statutorily required, which is the average overhead cost for appointed counsel as well as the availability of qualified attorneys willing to accept the stated rates in El Paso County," the document stated.

Commissioners Court said the proposed plan does not identify cost savings and "the only financial measure associated with the proposed plan is the County Auditor's report indication that implementation will result in a $1.13 million increase in the 2014-2015 budget resulting from increased attorneys fees and a loss of revenue form the private bar."

Commissioners Court also requested the judges identify savings measures, create an office for pretrial services to reduce the duplication of services contained in the proposed plan and decrease cost, and revise the section that grants judges discretion to appoint "any attorney they wish regardless of the attorney's order on the appointment list."

In addition, Commissioners Court recommended setting pay limits to witnesses and investigators, the same way it proposes pay limits for attorneys.

The proposed compensation of court-appointed lawyers for completed jury trails will be $1,500 for misdemeanors, $2,500 for third-degree/state felonies, $5,000 for first-degree/second-degree felonies and $75,000 for capital murder cases.

County Criminal Court Judge Alma Trejo, chairwoman of the Committee of Indigent Defense, said she needed to review the memorandum before commenting on it. She said she would be able to comment on Tuesday.

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